Types of Divorce – Terminology Simplified

Once you start considering a divorce, your mind will start wandering and consume vast amounts of internet content. Although each US state has a slightly different take on the types of divorce allowed or what constitutes a specific divorce classification, here is a simplified way to look at the world of divorce.

 

Contested vs Uncontested

No matter what the reasons for a divorce are, one way that our legal system looks at a divorce hearing is the level of agreement or disagreement between the two parties. There are two kinds:

1. “Contested” means that one person disagrees with the divorce (i.e. he/she does not want a divorce) or disagrees with the terms of the divorce. These cases tend to be the ones that make the divorcing parties suffer the most.

2. “Uncontested” means that both parties are in agreement about everything they file. This is the perfect and least costly situation but both parties being an agreement does not mean that the court will grant them what they are asking for. There are certain things that the judicial system tries to establish such as fairness, protection of the rights of the dependents involved, balancing future living standards and certain benefits for each party.

 

Fault or No-Fault Divorce

1. In a “fault” divorce, the person asking for the divorce must prove specific ground(s) or reason(s) for the divorce. These grounds are as follows: adultery, desertion, gross and confirmed habits of intoxication, cruel and abusive treatment, non-support, impotency, a prison sentence of 5 or more years. The fault divorce process can be more time-consuming and expensive than a no-fault divorce.

2. In a “no-fault” divorce, neither spouse has to prove that the other spouse did something wrong to cause the breakup. All states offer a no-fault divorce option, though the exact “grounds” (reasons) for the divorce vary state-to-state. Most people file a “no fault” divorce. A “no fault” divorce is a divorce where the marriage is broken beyond repair but neither spouse blames the other. In most states, the no fault divorce grounds is called “Irretrievable Breakdown of Marriage.”

 

So why do these distinctions matter? The type of divorce that you are filing has a great impact on the eventual outcome of the parental rights (custody, child support etc.) and allocation of marital assets (homes, bank balances, 401k assets etc.). At fault and contested divorce cases tend to be more complicated, and hence longer, costlier and more painful for all parties involved.